Philip Allen Lacovara: A Distinguished CareerWith Intersects to Some of the Most Momentous Episodes in Modern American History
by Carrie Johnson
Born in 1943 in Brooklyn to parents who were the children of Italian immigrants, Philip Lacovara started his journey at a Catholic military prep school in New York, where he carried a saber and commanded a regiment that took part in parades for Columbus Day and St. Patrick’s Day. During a debate in his last year at Xavier High School in New York City, Lacovara spied a young Catholic school student who had been helping to judge the contest. Madeline Estelle Papio eventually became his wife, of now more than 63 years, during his collegiate years at Georgetown University. The couple eventually had seven children.
Balancing family responsibilities with his studies, Lacovara flourished at Columbia Law School, ultimately leading to a federal clerkship in Washington, D.C. and consequential jobs in government. He briefly served as special assistant to Thurgood Marshall in the Solicitor General’s office, before Marshall was appointed to the Supreme Court. Lacovara remained in the Solicitor General’s office after former Harvard Law Dean Erwin Griswold took over the top job there, assigning then 24-year-old Lacovara to argue his first cases before the high court.
A central theme in his history is the interplay between personal character, professional integrity, and historic legal challenges. Lacovara’s early professional groundwork as a research assistant for Herbert Wechsler and law clerk for Judge Harold Leventhal laid the foundation for his work on transformative cases, including the Nixon tapes Supreme Court litigation during Watergate, where he served as counsel to the special prosecutor.
Lacovara recounts his first-person experience during the “Saturday Night Massacre” in October1973, the race to safeguard investigative files, and the ensuing constitutional battles over executive privilege that reverberate today.
In recent years, Lacovara has been outspoken in media appearances, opinion articles and amicus briefs to defend the rule of law. He offers a strong critique of the 2024 Supreme Court ruling in Trump v. United States. He views the latter ruling as among the most wrong in modern history, equating it with landmark misjudgments like Dred Scott and Korematsu, and warning of its dangers to American constitutional governance.
Issuing a subpoena for President Nixon’s tapes and arguing that case before the high court likely represent the most impactful phase of Lacovara’s long legal career. But in his view, the most fun job he ever had was working as special counsel at the New York Police Department, in an era of enormous social change and reform in policing. Lacovara carried a badge and a .38 police special as he helped the commissioner navigate problems with crime and terrorism as well as corruption in the force. That job, Lacovara later said, “was every young boy’s fantasy. I had my own badge, gun and police car. What’s not to like?”
He went on to do corporate counsel work with GE and Morgan Stanley—all the more significant since his own father was denied opportunities to work on Wall Street as an attorney, because of discrimination against Italian-Americans in that era.
As a law professor, and president of the D.C. Bar, Lacovara advocated for improved legal ethics and pro bono service. His teaching roles and involvement with professional organizations reveal a dedication to mentorship and public service.
In today’s context, amid renewed debates over executive power, judicial impartiality, and institutional credibility, Lacovara’s insights resonate profoundly. His narrative underscores the importance of historical perspective and the perennial challenge of balancing legal principles with politics. The oral history stands as a vital resource for understanding the legal profession’s evolution and the enduring quest for justice in American democracy.
